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Data Collect Easyfill Water Carrier Licence Terms

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Data Collect Easyfill Water Carrier Licence Terms Powered By Docstoc
					   Data Collect EasyfillTM Water Carrier Licence Terms


   ____________________________, (Licensee) as a condition of your water
   carriage licence or permit, City West Water (Water Authority) has required you to
   fit and licenses to you the EasyfillTM monitoring device (Device) to all of your
   tankers which are covered by the licence or permit (Vehicle). By signing the form
   below and having the Device installed and fitted on or to the Vehicle you
   acknowledge and agree as an authorised representative of the owner of the
   Vehicle (Licensee) as follows:

   1.         The Licensee does not own the Device. It is and remains at all times the
              property of Data Collect Pty Ltd (Data Collect).
   2.         Data Collect may require the return, and de-installation or removal of the
              Device in certain circumstances including where the Licensee breaches
              these conditions.
   3.         The Licensee, its drivers, employees or agents must not do, permit or
              allow any of the following in respect of the Device:
              (a)    move or remove or attempt to remove;
              (b)    tamper or attempt to tamper with;
              (c)    use or attempt to use any part of the Device as to communicate
                     data other than data generated by the device for the purposes of
                     the water carriage licence or permit;
              (d)    connect any instrument or device to;
              (e)    interfere or attempt to interfere with the operation of;
              (f)    damage, destroy or allow damage to be done to;
              (g)    allow any person who is not an authorised employee or contractor
                     of Data Collect to repair, replace or otherwise deal with;
              (h)    disassemble, reverse engineer, dismantle or reverse assemble;
              (i)    tamper, remove or obscure any label or indicator of ownership on;
              (j)    sell, decommission or otherwise dispose of a Vehicle to which the
                     Device is fitted; or
              (k)    otherwise deal with,
              the Device without the prior written consent of Data Collect.

   4.         The Licensee, its drivers, employees or agents must at all times whilst the
              Device is fitted or attached to or on the Vehicle:
              (a)    use best endeavours to keep the Device safe, secure and
                     undamaged;
              (b)    promptly report and notify of any damage;
              (c)    return the Vehicle to Data Collect for repair or de-installation or
                     removal within 48 hours of the cessation of the Licensee’s water
                     carrier licence or the termination of the rights of the relevant Water
                     Authority with respect to the Device;
              (d)    follow all reasonable directions and requests of the Water Authority
                     and/or Data Collect in relation to the Device.
   5.         The Licensee is solely responsible for any direct or indirect loss or damage
              in respect of or in connection with the use, installation, repair or
              replacement of the Device other than a manufacturing or installation defect

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              of the Device or other than to the extent such loss or damage was
              contributed to by the intentional or negligent conduct of Data Collect or the
              Water Authority, and the Licensee may be liable to Data Collect or the
              Water Authority in respect of such loss or damage.
   6.         The Licensee acknowledges that the Device automatically monitors,
              collects and transmits information including location, fill and drop data
              which can be used to track the movements of the Vehicle it is fitted to and
              the Licensee and the Licensee’s employees, agents and any other person
              in whose charge or control the Vehicle may be entrusted, consent to this
              collection and transmission.
   7.         The information will be provided to the Water Authority for billing purposes,
              however, it may be provided to other water authorities that become a party
              to the EasyFillTM system.
   8.         If the Licensee becomes aware that the Device has become inoperable or
              damaged (including without limitation if the Vehicle is in an accident) or
              otherwise stops functioning, the Licensee must promptly notify Data
              Collect and the Water Authority.
   9.         If the Vehicle to which the Device is fitted is to be sold, decommissioned,
              or otherwise disposed of the Licensee must notify Data Collect and the
              Water Authority at least 14 business days before the Vehicle is transferred,
              disposed of or decommissioned.
   10.        In the event that a Vehicle does not arrive within 30 minutes of the agreed
              time and place designated by Data Collect and the Water Authority for the
              installation of the Device, installation may be refused and the Licensee will
              be required to re-book the vehicle for installation.
   11.        In the event that Data Collect is not able to install the Device at the agreed
              time and place, Data Collect will provide the Licensee with notice by 4:00
              pm on the preceding business day.
   12.        The Licensee must have an empty tank when arriving at the premises. The
              Vehicle will be filled during installation, when the Licensee leaves, the
              Licensee will be offered to keep the water, or can discharge it at the
              installation facility.
   13.        Where the Device is not functioning or transmitting due to accident,
              damage or product fault and unless and until the Water Authority is notified
              that the Vehicle is damaged to such extent that it is unable to be used to
              obtain or conduct fills, for the period from when the Device is not
              functioning or transmitting due to accident, damage or product fault and
              the Licensee has not made the relevant Vehicle on which the Device is
              installed available for repair within five (5) business days of being
              requested and until the Device is repaired or replaced and raw data is able
              to be recorded by the Device, the number of fills per day chargeable in
              respect of the relevant Water Carrier will be calculated in accordance with
              the following formula:


                                         Fill Fees x (AV)

                         Where:

                         Fill Fees = the fill fee per fill as charged by the Water Authority
                         to the Licensee;

                         AV = (A/B)

                             Where

DC EASYFILL LICENSE R2
                            A=      the total number of fills recorded in the immediately
                                    preceding 3 months, or, if the Device has been
                                    installed on the Vehicle for less than 3 months, the
                                    total number of fills which the relevant Vehicle has
                                    done; and

                            B=      the total number of business days in the preceding 3
                                    months, or if the Device has been installed on the
                                    Vehicle for less than 3 months, the total number of
                                    business days which the Device has been installed
                                    on the Vehicle;

   14.        For the purposes of clause13, if the non-transmitted raw data is able to be
              recovered and processed during maintenance or repair of the Device, then
              the formula will not apply and the actual fill fees will apply.
   15.        For the purposes of clause13, if the Licensee is able to provide evidence to
              the reasonable satisfaction of the Water Authority and Data Collect that the
              Vehicle was not conducting fills during any period during the time of the
              Device not transmitting or functioning, no fill fees shall be incurred by the
              Licensee for that period.
   16.        The Licensee acknowledges that in addition to any other claim or damage,
              the Water Authority may at its discretion require the Licensee to pay to the
              Water Authority, on demand, the following sums:
              (a)    $250.00 (plus GST) for cancellation or reschedule of an installation,
                     removal or repair appointment later than 4:00 pm on the preceding
                     business day to the scheduled appointment time;
              (b)    $250.00 (plus GST) if a Data Collect technician is required to attend
                     the Vehicle at a location other than Data Collect’s Service Depot
                     (within the Melbourne Metropolitan Area) to remove or repair the
                     Device;
              (c)    A charge of $65.00 (plus GST) per hour in respect of the total travel
                     time to and from the location of the Vehicle plus the actual cost of
                     any transport fare or accommodation if a Data Collect technician is
                     required to attend the Vehicle at a location other than Data Collect’s
                     Installation Deport or an authorised service depot (outside the
                     Melbourne Metropolitan Area) to remove or repair the Device;
              (d)    The lost, missing or stolen fee of 1,350.00 (plus GST) if the Device
                     is lost or damaged beyond repair (unless due to the fault of Data
                     Collect or the Water Authority) or the Licensee fails on 3
                     consecutive occasions (not including any occasion arising from an
                     event of force majeure) to make the Vehicle available for the
                     purposes of de-installation of the Device,
   17.        or such other relevant amounts as set out in the Water Authority and Data
              Collect current price list.


   I, ______________________________ , the authorised representative of

   ____________________________ acknowledge and agree to the above terms
   and conditions:

   Signature: ____________________________

   Date: _______________________


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